JOSHUA D. RIEVMAN

About

Joshua D. Rievman, a partner of the firm, specializes in the litigation and arbitration of commercial disputes. He has successfully represented clients in jury and non-jury trials in New York State and federal courts, in state and federal appellate proceedings and in arbitration. Mr. Rievman also counsels employers and employees with respect to employment-related issues and represents clients in licensing transactions.

Mr. Rievman represents clients on a broad  range of issues, including litigations, arbitrations and actions for injunctive relief arising out of a wide variety of domestic and international commercial transactions, breach of contract, breach of fiduciary duty, products liability, unfair competition, intellectual property, securities, partnerships, banking transactions, professional sports contracts, high technology and bankruptcy. From 1999 to 2000, Mr. Rievman was a partner of Coudert Brothers, and was an associate there from 1990 to 1998. At Coudert Brothers, Mr. Rievman represented European, Asian and US clients in the litigation and arbitration of commercial disputes.

Mr. Rievman is the firm’s representative to Legus, the international network of law firms, a member of its marketing committee and a frequent speaker at its conferences. Mr. Rievman is also a member of the Congress of Fellows of the Center for International Legal Studies. Mr. Rievman regularly speaks on issues related to the litigation and arbitration of international and

domestic commercial disputes. His recent speeches have included “Licensing of IP Rights: Issues and Considerations for Drafting and Litigation;” “Discovery in the United States In Aid of Foreign Litigation Pursuant To 28 U.S.C. § 1782” and “How the Creep of United States Litigation-Style Discovery and Appellate Rights Affects the Efficiency and Cost-Efficacy of Arbitration.”

Mr. Rievman is the author of “Is the Door Open to United States Discovery in Aid of Foreign Arbitration Proceedings” published in International Dispute Resolution, Comparative Law Yearbook of International Business, 2010 (Wolters Kluwer, 2010).

He is admitted to practice before the courts of the State of New York and Connecticut, the US District Courts in and for the Southern, Eastern and Northern Districts of New York, and the US Court of Appeals for the Second Circuit.

Mr. Rievman graduated from Duke University, cum laude, in 1986 and from Boston College Law School, cum laude, in 1990 where he was the Executive Editor of the Boston College Environmental Affairs Law Review, in which he published, “Judicial Scrutiny of Native American Free Exercise Rights: Lyng and the Decline of the Yoder Doctrine”, 17 B.C. Envtl. Aff. L. Rev. 169 (1989).

Education

  • Duke University (A.B. 1986) cum laude 
  • Boston College Law School (J.D. 1990) cum laude
  • Boston College Environmental Affairs Law Review

Public Service &
Professional Activities

  • Legus, HNRK Representative
  • Congress of Fellows of the Center for International Legal Studies, Member

Mr. Rievman’s Representative Matters Include:

     Commercial

  • Ongoing representation of former owners of service-disabled-veteran-owned fund manager in litigation against bank which caused demise by withdraw approval for loan.
  • Recently completed representation of investment bank in recovery of finder’s fee.
  • Represented manufacturer of chemical compounds used in thin film solar photovoltaics on claims of breach of contract and fraud.
  • Represented terminated franchisee in contract action against Major League Baseball’s merchandising company.
  • Recently completed representation of state agency in litigation involving Housing Assistance Payment contract under Section 8 of the United States Housing Act.
  • Represented mobile telephone manufacturer defending breach of contract claim by advertising agency.
  • Represented state agency in litigation alleging construction defects.
  • Represented French electronics manufacturer defending action by investment bank seeking finder’s fee.

     International

  • Recently represented 50% owner of Ukrainian television channel in litigation over control of channel.
  • Represented software developer in Norwegian ICDR arbitration.
  • Represented Singaporean commodities trader in litigation regarding purchase of cargo of cashew nuts.
  • Represented Singaporean investor in civil enforcement action by SEC alleging insider trading.
  • Represented Singaporean investor in ICDR arbitration with online brokerage house.
  • Represented Belgian retailer in application for discovery in aid of foreign proceeding under 28 U.S.C. § 1782.

     Intellectual Property

  • Ongoing representation of minority shareholders of famous restaurant brand in litigation regarding majority shareholders’ breach of fiduciary by licensing the brand’s intellectual property to themselves at well below the market rates.
  • Recently represented Canadian manufacturer of OBDII scan tool in intellectual property dispute with large data analytics property.

     Products Liability

  • Ongoing representation of Asian mobile phone manufacturer in multiple products liability litigation in Washington, D.C.
  • Ongoing representation of Asian mobile phone manufacturer in products liability litigation in Dallas, TX.
  • Recently represented Asian mobile phone manufacturer in second products liability litigation in Dallas, TX.
  • Represented manufacturer of custom industrial inks as lead defendant in products liability litigation.
  • Represented former owner of Manhattan office building in defending action by plaintiff alleging injuries in improperly maintained elevator.

     Employment

  • Ongoing representation of whistleblowing executive against former employer.
  • Represented investment banker against former employer for breach of contract arising out of bank’s refusal to pay out amounts due under deferred compensation plan.
  • Represented French owners of New York modeling agency, on appeal to vacate $4.3 million jury award in favor of former employee for wrongful termination and personal injury due to alleged exposure to second-hand smoke.
  • Represented French owners of New York modeling agency defending class action by models claiming agency fees violated New York law.
  • Represented French owner of New York modeling agency defending claims of individual model.
  • Represented former executive of construction company in contract action against former employer, to enforce agreement to share profits.
  • Represented dozens of executives in separation and onboarding negotiations with employers.

Related News & Articles

Josh Rievman Leads Law Firm and Practice Management Roundtable Discussion at Legus Annual Meeting

Josh solicited questions from the attendees in advance and selected seven diverse topics such as marketing plans, division of extraordinary revenue among partners, associate training and compensation and cost effective e-discovery for small firms.  He offered his insight into these challenges and led a discussion about each.

Hoguet Newman Regal & Kenney Wins Summary Judgment on Behalf of New York State Housing Finance Agency

On March 23, 2016, Senior Judge Norman A. Mordue of the United States District Court for the Northern District of New York granted summary judgment to  our client New York State Housing Finance Agency (“NYSHFA”), along with two other defendants, dismissing with prejudice all of plaintiffs’ claims in Onondoga Hilltop Homes, Inc. et al v. Syracuse Housing Authority et al, 5:12-CV-626 (NAM/ATB).  Plaintiffs had sued under  Section 8 of the Housing Act claiming that under they were entitled to automatic annual rent increases, and that defendants’ failure to provide them was a breach of the Housing Assistance Payments Contract (“HAP Contract”) between them and NYSHFA.  Judge Mordue also denied plaintiffs’ motion for summary judgment.  Judge Mordue ruled that NYSHFA did not breach the HAP Contract by failing to provide annual adjustments in contract rents because plaintiffs failed to request such adjustments, which were required by a rider to the HAP Contract.  Judge Mordue held that the rider was a part of  the HAP Contract and that its requirement for a request created a condition precedent to any obligation of NYSHFA.  Finally, Judge Mordue ruled that enforcing this condition precedent did not result in a disproportionate forfeiture because the contract rents that plaintiffs received were always greater than the fair market rents published by HUD.

Hoguet Newman Regal & Kenney LLP Partner Joshua Rievman led the defense in this case, with contributions from Laura Hoguet.

Josh Rievman Presents at Center for International Legal Studies’ Lawyering in the International Market Conference

On March 16, 2016, Josh Rievman presented, “New York as an Ideal Place to Litigate International Disputes: The Success of the Commercial Division” at the Centre for International Legal Studies‘ Lawyering in the International Market conference in St. Johann, Austria.

Hoguet Newman Regal & Kenney Suit Over Palm Restaurant License Fees Cleared for Trial

A ruling by a New York Supreme Court justice in a trademark licensing dispute between the founding families of The Palm Restaurant chain has cleared the way for a trial in a lawsuit seeking nearly $80 million in royalties and damages.

Read Hoguet Newman Regal & Kenney, LLP’s full press release on the Palm Restaurant trademark case.

HNRK’s involvement in this case has been featured in both Law360 and the New York Law Journal.

Hoguet Newman Regal & Kenney Wins Summary Judgment On Behalf of Investment Bank Client

As set forth in a December 15, 2015 order, we won summary judgment for investment bank/strategic advisory firm Marlin & Associates Holding LLC in an action to recover an investment banking fee and other contractual payments from telecommunications provider Perseus Telecom Limited. Marlin & Associates Holding v. Perseus Telecom Limited, Index No. 652498/2015 (New York County, Oing, J.).

The Hoguet Newman Regal & Kenney team consisted of attorneys Joshua Rievman and Helene Hechtkopf.

Josh Rievman Presents at the Centre for International Legal Studies IP Conference

Josh Rievman presents, “Licensing of IP Rights: Issues and Considerations for Drafting and Litigation” at the Centre for International Legal Studies IP conference in Kitzbühel, Austria

Josh Rievman Leads Legus Panel on Licensing Transactions Across Legal Markets

HNRK partner Josh Rievman facilitated a panel on Perspectives on Licensing Transactions Across Legal Markets: Negotiation, Regulation and Dispute Resolution at the Legus Annual Meeting in Rome, Italy in June.  As part of the panel, Mr. Rievman made a presentation on the negotiation of license agreements and litigation of license disputes in the United States.

HNRK has been an active member of Legus, the international network of law firms, for ten years.